Judges: PER CURIAM. —
Attorneys: Mack H. Padgett and W. P. Chavous, for Plaintiff in Error;
J. B. Johnson, Attorney General, and Roy Campbell, Assistant, for the State.
Filed: Jul. 13, 1926
Latest Update: Mar. 02, 2020
Summary: The plaintiff in error, who will hereinafter be called the defendant, was convicted in the Circuit Court of Lafayette County upon a charge of manslaughter. Two assignments of error are presented: First, the denial of defendant's motion for a new trial, and, second, the admission in evidence of the dying declaration of the deceased. The logical order of consideration of the assignments is to first determine whether or not the dying declaration was admissible in evidence. While numerous objections
Summary: The plaintiff in error, who will hereinafter be called the defendant, was convicted in the Circuit Court of Lafayette County upon a charge of manslaughter. Two assignments of error are presented: First, the denial of defendant's motion for a new trial, and, second, the admission in evidence of the dying declaration of the deceased. The logical order of consideration of the assignments is to first determine whether or not the dying declaration was admissible in evidence. While numerous objections ..
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The record in this cause having been considered by this court, and the foregoing opinion prepared under Chapter 7837, Acts of 1919, adopted by the court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the Circuit Court in this cause should be and the same is hereby affirmed.
BROWN, C. J., AND WHITFIELD, TERRELL AND STRUM, J. J., concur.
ELLIS, J., dissents.
BUFORD, J., disqualified.
